Divorce - the most common questions.

When deciding to get married, no couple ever thinks about whether their relationship will break down in a few years' time. Unfortunately, life writes different scenarios and some marriages end divorce. Most of my clients are unaware of how divorce proceedings work, and I have therefore decided to present a 5 questions, which are most often asked during the first meeting.

1. what are the grounds for divorce?

When deciding to divorce you will have to show that your marriage has broken down irretrievably. The court hearing your case must come to the conclusion that there has been a permanent and utter dissolution of marriage. Complete dissolution of marriage occurs when emotional, physical and economic ties between the spouses have ceased to exist. The court will not pronounce a divorce if any of these bonds still exist between the spouses. The mere breakdown of conjugal relations is not enough. It is also necessary to show that it is not a temporary situation. A permanent breakdown of cohabitation is deemed to exist when life experience shows that there is no chance of rebuilding marital ties.

2 How long do divorce proceedings take?

There is no clear answer to this question. A lot depends on whether you are able to come to an agreement with the other spouse regarding the relevant divorce issues. If the decision to divorce is mutual, you are able to agree on issues concerning residence of children, parental authority, maintenance and contact arrangements of the other parent with the child, there is a chance that the court will pronounce the divorce already at the first hearing. Otherwise, divorce proceedings can take up to several years.

3. do I have to attend the divorce hearing in court?

The basic principle is that divorce hearing is held regardless of the failure of either party to appear. However, if you are the party bringing the claim, you must remember that in the event of your unexcused absence at the first hearing, the court will suspend the proceedings for three months. If for some reason you are unable to attend the first hearing, try to excuse your absence or use the assistance of a lawyer, who will be able to appear at the hearing on your behalf. What if you do not appear Defendant? Certainly not a good idea for delay of divorce. If the defendant does not appear at the divorce hearing, the court will not suspend the proceedings. The proceedings will continue. In addition, if the respondent has not filed an answer to the petition and no attorney is acting on his/her behalf, the court may issue a default judgment.

4. we are still living together, is this not an obstacle to obtaining a divorce?

From time to time, I encounter a situation in which a client wants to obtain a divorce, However, she continues to live with her spouse for various reasons. Fortunately, such a situation does not constitute an obstacle. In such a case, it is important to establish whether all marital ties, and cohabitation is dictated by necessity. Of course, each situation must be considered individually.

5. how much does a divorce cost?

Court fees are regulated in the Act on Court Fees in Civil Cases (i.e. OJ 2020, item 755). As at the date of writing this post divorce application fee is PLN 600. In the case of a divorce decree upon a mutual request of the parties without adjudication of guilt the court shall ex officio return half of the fee paid to the party. Moreover, the defendant should return PLN 150 to the claimant as costs of the proceedings.
If, on the other hand, the court decides on fault, then the court fees may be charged to both spouses half each (in the case of a finding of fault on the part of both spouses) or to the spouse who has been found solely at fault for the breakdown of the marriage. In addition to the court fee, divorce proceedings may generate other costs. Amongst other things, the court may order a community interview, an expert opinion and, in the case of an international divorce, the participation of an interpreter may be necessary. These costs will be borne by the parties 50/50 in the case of divorce without an adjudication of fault or where both spouses are found guilty. If one of the spouses is found solely responsible for the breakdown of the marriage, it is usually this spouse who will have to pay the entirety of the legal costs.
Of course, the presented rules for the allocation of costs will not apply in every case. Depending on the course of the proceedings and the circumstances of the particular case, the court may decide differently on the allocation of costs.
If a party wishes to be represented in the case professional representative, you should also bear in mind the stamp duty on the power of attorney, which is PLN 17. The attorney's fee is agreed with each client individually. In the case of a difficult financial situation, one should remember about the possibility of submitting, together with the statement of claim, a request for exemption from court costs in whole or in part, as well as the possibility of appointing an ex officio lawyer.

Do you need additional legal assistance? You have questions about your divorce, write to me!